Filing for Divorce – Contested vs. Uncontested
On July 14, 2021 by Eric Klein
When thinking about filing for divorce, legally known as dissolution of marriage, terms such as uncontested and contested are often misused. In Florida, a spouse has the absolute right, without any agreement or consent of their spouse, to file for and obtain a divorce.
“Uncontested” divorce refers to a divorce wherein the spouses are in full agreement with one another as to every aspect of their case. Nominal litigation is needed to finalize the terms of their divorce. In this instance, the spouses can easily arrive at an agreement without judicial intervention. “Contested” divorce generally refers to a divorce where the spouses have not reached a complete agreement on all issues at the time of filing the petition and one spouse wishes to proceed.
The type of petition that is filed is determined by certain criteria. In a simplified petition, there is no contest, no minor children and no alimony claims involved. Additionally, in a simplified petition, the spouses give up their right to trial and appeal, the couple must sign the petition and attend the final hearing together. Most often and for many different reasons, a couple does not qualify to file a simplified petition for dissolution of marriage.
Couples often think that they have agreed to everything prior to filing divorce yet, many issues arise that must be resolved during the course of dissolving a marriage. These issues include, but are not limited to, sensitive concerns such as alimony, child support, school designation, asset distribution, property division, time-sharing, and allocation of debt.
At Klein Law Group in Boca Raton, our team of divorce attorneys is committed to helping clients navigate the dissolution of marriage process. Get started on your family law case today and reach out to our law firm at 561-353-2800 to request a free initial case evaluation.